Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
From 3/11/08, the MHA 2007 amends the definition of mental disorder in s1 to "any disorder or disability of the mind". However, learning disability does not count for detention or treatment under the Act (for certain sections, including s3 but not including s2) unless it is "associated with abnormally aggressive or seriously irresponsible conduct on his part". Learning disability covers what used to be the classifications of mental impairment and severe mental impairment.
There used to be a similar exclusion in the definition of psychopathic disorder, but this is no longer the case. This means that people with personality disorders who used not to be detainable under the Act (because their disorders did not result in "abnormally aggressive or seriously irresponsible conduct on the part of the person concerned") can now be detained.
Related change
Mental disorder no longer split into separate classifications 3/11/08
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 3/11/08 | Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 | 2 | s1 |
Summary of effect of amendments in Chapter 1 of Part 1
Table from Explanatory Notes, page 9.
| Provision | Currently applies to | Will apply in future to | Learning disability provision to apply in future | "Treatability" test applies now | Appropriate medical treatment test to apply in future |
|---|---|---|---|---|---|
| Civil Patients (Part 2 of the Act) | |||||
| Admission for assessment for up to 28 days (section 2) | Mental disorder | Mental disorder | No | No | No |
| Admission for treatment (s3) | MI, MM, PD, SMM | Mental disorder | Yes | Yes | Yes |
| "Holding power" for patients already in hospital (s5) | Mental disorder | Mental disorder | No | No | No |
| Guardianship (s7) | MI, MM, PD, SMM | Mental disorder | Yes | No | No |
| Patients concerned in criminal proceedings (Part 3 of the Act) | |||||
| Remand to hospital for report (s35) | MI, MM, PD, SMM | Mental disorder | Yes | No | Yes |
| Remand to hospital for treatment (s36) | MI, SMM | Mental disorder | Yes | No | Yes |
| Hospital order (s37) | MI, MM, PD, SMM | Mental disorder | Yes | Yes | Yes |
| Hospital order without conviction (s37(3) and 51(5)) | MI, SMM | Mental disorder | Yes | No | Yes |
| Interim hospital order (s38) | MI, MM, PD, SMM | Mental disorder | Yes | No | Yes |
| Hospital and limitation directions (s45A) | PD | Mental disorder | Yes | Yes | Yes |
| Transfer direction - sentenced prisoner (s47) | MI, MM, PD, SMM | Mental disorder | Yes | Yes | Yes |
| Transfer direction - other (s48) | MI, SMM | Mental disorder | Yes | No | Yes |
Key: MI = mental illness, MM = mental impairment, PD = psychopathic disorder, SMM = severe mental impairment
See also
- Reference Guide to the Mental Health Act 1983, 1. The structure of the Act and basic definitions [Note that the chapter number relates to the old Reference Guide]
INFORMATION
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- 16- or 17-year-old with capacity cannot be detained on basis of parental consent
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
- Additional safeguards for ECT introduced in new s58A
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- Approved Mental Health Professional replaces Approved Social Worker
- Automatic reference scheme under s68 changed
- Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
- Civil partners are treated as if married when determining nearest relative
- Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
- Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
- Fundamental principles set out in Act and included in Code of Practice
- Higher penalties for offences under Act
- Hospital direction patients can no longer apply to Tribunal during first six months
- Hospital directions under s45A apply to any mental disorder
- Legal status of Code of Practice set out in Act
- Limitation to the exceptions to the duty to instruct IMCA
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- Organisation of Mental Health Review Tribunal changed
- Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
- Patients can be transferred between places of safety under s135 and s136
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
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